| People v Byers, Lori |
| Motion No: 2020-03076 |
| Slip Opinion No: 2022 NY Slip Op 60747(U) |
| Decided on January 21, 2022 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M281015
AFA/
VALERIE BRATHWAITE NELSON, J.P.
SHERI S. ROMAN
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.
|
2020-03076 The People, etc., respondent, v Lori Byers, appellant. (Ind. No. 8966/2016)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Kings County, rendered February 25, 2020. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted poor person relief on November 20, 2020, and by decision and order on motion of this Court dated March 31, 2021, the following named attorney was assigned as counsel to prosecute the appeal:
Janet E. Sabel
The Legal Aid Society
199 Water Street - 5th Floor
New York, NY 10038
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Mark Diamond
Box 287356
Yorkville Station, NY10128
and it is further,
ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,
ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
BRATHWAITE NELSON, J.P., ROMAN, GENOVESI and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court
Appellant's Address:
413 East 152nd St.
Bronx, NY 10455